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2016 (3) TMI 554 - CESTAT CHENNAI

2016 (3) TMI 554 - CESTAT CHENNAI - TMI - Reduction of Redemption fine and penalty imposed - In lieu of confiscation - Appellant accepted enhancement of value and Pre-shipment inspection certificate produced was not in consonance - Held that:- the importer have attempted to comply with the statutory conditions prescribed in the handbook of procedures under the Foreign Trade Policy regarding import of scraps, though the certificate produced, as a pre-shipment inspection certificate, was not accep .....

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e higher side the fine in lieu of confiscation imposed are reduced from ₹ 5,09,000/- to ₹ 50,000/- and penalty penalty from ₹ 1,30,000/- to ₹ 30,000/-. - Decided in favour of appellant - C/357/2005 - Final Order No. 41841 / 2015 - Dated:- 26-10-2015 - SHRI R. PERIASAMI, TECHNICAL MEMBER AND SHRI P. K. CHOUDHARY, JUDICIAL MEMBER For the Petitioner : Ms. Sridevi, Adv. For the Respondent : Shri K.P. Muralidharan, AC (AR) ORDER PER P. K. CHOUDHARY M/s Indian Steel & Allie .....

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dated 1.1.2005 at a unit price of EURO 210/- per metric ton (C&F) in the name of M/s Herms Chem Impex Pvt Ltd., Chennai. The goods were sold to the appellant on High Sea Sale for a consideration of 2% on the C&F value. The goods were shipped in seven consignments. The goods were subjected to first check examination and found to be as declared. The pre-shipment Inspection Certificate produced by the appellant was not in consonance with Annexure-1 to Appendix 28 of the Handbook of Procedu .....

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ugned order. The adjudicating authority had accordingly, in his Order in Original, re-determined the price at U.S $ 290/- per M.T (C&F) for the 195.780 MTs of Re-Rollable Steel Scrap. The impugned goods were confiscated with an option for redemption on payment of ₹ 5,09,000/- under section 125(1) of the Customs Act 1962. A penalty of ₹ 1,30,000/- was also imposed under section 112(a) of the Customs Act, 1962. 3. Being aggrieved by the said order, the appellant preferred their pre .....

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lure to compare and then consider the address as given in the certificate and as found in the Appendix 28 which goes to show that the department s understanding is that while the Head Office of M/s Bureau Veritas was recognized as a designated inspection agency where branch is not so; that the quantum of final penalty is disproportionately on the higher side when compared to similar orders. 4. The department was represented by Shri K.P. Muralidharan, learned authorized representative, who reiter .....

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